Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 7012 (ALL)

SAGEER AND 2 OTHERS v. STATE OF U.P.

BAIL/1099/2025 · 2025-04-27

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:67322 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1099 of 2025 Applicant :- Sageer And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Sri Adarsh Srivastava, Advocate, has put in appearance on behalf of applicants. 2. Heard Sri Adarsh Srivastava, learned counsel for the applicants, Sri Anil Kumar Singh, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 BNSS has been moved on behalf of accused-applicants, Sageer, Mohsin and Rashid, seeking enlargement on bail in Case Crime No. 402 of 2024, under Sections 191 (2), 191 (3), 190, 109 (1), 115 (2), 352, 351 (2), 132, 125, 309 BNS and Section 7 CLA Act, Police Station Shikarpur, District Bulandshahr. 4. Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this case crime number and are languishing in jail since 25.11.2024. They have no criminal antecedent and there are no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Learned counsel for the applicants submits that there is no specific role has been assigned to the applicants and nothing has been recovered from the possession of the applicants. The injured were medically examined on 24.11.2024 and the injuries of the injured are simple in nature. There is no independent witness of the alleged incident. Applicants have no motive to commit the alleged crime and the investigating officer has not submitted charge sheet in the present case till date. No offence is made out against the applicants under the aforesaid sections. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicants, Sageer, Mohsin and Rashid, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail. Order Date :- 28.4.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad